The EAT has held, in First Leeds v Haigh, that a capability dismissal will normally be unfair if an employer fails to take reasonable steps to ascertain whether an employee is entitlement to the benefit of ill-health retirement benefits.
This decision builds on the Apsden v Webb Poultry line of authorities, taking the implied obligation not to unreasonably deprive the employee of ill-health benefits into the field of unfair dismissal.
[Thanks to David Royden, who represented the successful employee, for telling me about this decision]
Wednesday, 2 January 2008
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